LEGAL MENTIONS
StoreInterfacer.com and idIA-Tech.com are published by IDIA TECH SAS with a capital of 2,000.00 euros
We are located at: 4 le porche, 30730 Montpezat, France
Medy to use our contact form to reach us.
Director of the publication: Xavier BOUR
SIRET (company number): 883 521 221 00019
Accommodation
This site is hosted by the company OVH SAS with a capital of 10,069,020 euros RCS Lille Metropole 424 761 419 00045 Code APE 2620Z VAT: EN 22 424 761 419 Headquarters: 2 Kellermann Street - 59100 Roubaix - France
Access to services
In order to access the various online services, the user is obliged to accept the specific conditions of each service to which he wishes to join which will be the subject of a separate contract.
TERMS AND CONDITIONS OF SALE AND USE
Article #1: Definitions
Hereafter, we will refer to :
- 'Site' or 'service': the sites https://www.StoreInterfacer.com and idIA-Tech.com and all of their pages.
- 'Products': all the (immaterial) services that can be purchased or subscribed to on the site.
- 'Editor' : The legal entity responsible for publishing and the content of the site and the service provider of orders, i.e. the company idIA Tech SAS.
- 'User': The Internet user using the site or one of its Products.
- And 'Customer' the Internet user making a purchase of service on the site.
Article #2 : Mentions imposed by the law of confidence in the digital economy and object of the site.
This website is published by idIA Tech SAS. The legal information concerning the host and the publisher of the site, in particular the coordinates and the possible information of capital and registration, are provided in the legal mentions of this site. The purpose of this site is determined as "e-commerce store management service". The site is freely accessible to all Internet users. The acquisition of a good or a service, or the creation of a member space, or more generally the navigation on the site supposes the acceptance, by the Internet user, of the entirety of the present general conditions, which recognizes of the same fact to have taken fully knowledge. This acceptance will consist, for the Internet user, in checking the box corresponding to the sentence of acceptance of the present general conditions, having for example the mention "I recognize to have read and accepted all the general conditions of the site". The fact of checking this box will be deemed to have the same value as a handwritten signature on the part of the Internet user. The Internet user recognizes the value of proof of the automatic recording systems of the editor of the present site and, except for him to bring a contrary proof, he renounces to dispute them in case of litigation. The acceptance of these general conditions assumes that the user has the legal capacity to do so. If the user is a minor or does not have this legal capacity, he/she declares that he/she has the authorization of a guardian, curator or legal representative.
The Publisher provides the Customer, on its Site, with a privacy policy specifying all the information related to the use of the Customer's personal data collected by the Publisher and to the rights the Customer has with respect to such personal data. The data privacy policy is part of the General Terms and Conditions. Acceptance of these Terms and Conditions therefore implies acceptance of the Data Privacy Policy.
The acceptance of these general terms and conditions of sale also invalidates any previous agreements between us and the Customer.
Article #3: Characteristics of the proposed services.
The services and products offered are those listed in the catalog published on the site. Each product or service is accompanied by a description established by the editor of the site. The photographs of the products in the catalog reflect the image of the products and services offered, but are not contractual insofar as they cannot ensure a perfect similarity or that the Service may undergo changes.
The assistance service of this site is accessible by e-mail at the level of the contact form or by postal mail at the address indicated in the legal mentions, in which case the editor commits himself to bring an answer within 7 days.
The editor also provides its users with a hotline, or telephone assistance, to answer their questions.
Article #4: Rates
The prices appearing in the catalog are prices understood in Euros excluding taxes (HT). The publisher reserves the right to pass on any change in the VAT rate to the price of the products or services. The publisher also reserves the right to modify its prices at any time. Nevertheless, the price appearing in the catalog on the day of the order will be the only one applicable to the buyer.
Article #5: Member or user area.
The user registered on the site (member) has the possibility to access it thanks to the link he received by email. The creation of a personal space is a prerequisite to any subscription or contribution of the member on this site. To this end, the member will be asked to provide a certain amount of personal information. The member agrees to provide accurate information. The purpose of the data collection is to create a "member account". This account allows the member to consult the Products subscribed to on the site and the subscriptions he/she holds. If the data contained in the member account section were to disappear following a technical failure or a case of force majeure, the responsibility of the site and its publisher could not be engaged, this information having no probative value, but only an informative character. The pages relating to the members' accounts are freely printable by the holder of the account in question, but they do not constitute a proof, they have only an informative character intended to ensure an effective management of the subscriptions and the possible contributions of the member. The publisher reserves the exclusive right to delete the account of any member who has violated these terms and conditions (including, but not limited to, when the member knowingly provides false information during registration and/or creation of his personal space) or any account that has been inactive for at least one year. The said deletion will not constitute a damage for the excluded member who will not be able to claim any compensation for this fact. This exclusion is not exclusive of the possibility, for the Editor, to undertake legal proceedings against the member, when the facts will have justified it.
Article #6: Exemption from liability of the publisher in connection with the performance of this contract.
In case of impossibility of access to the site, due to technical problems or of any nature, the User will not be able to claim any damage or compensation. The unavailability, even prolonged and without any limitative duration, of one or more products, cannot be constitutive of a prejudice for the Internet users and cannot in any way give rise to the granting of damages on behalf of the site or its editor. The photographs and visuals of the products presented on the site have no contractual character, the responsibility of the editor of this site could not be committed if the characteristics of the objects differ from the visuals present on the site or if these last ones are erroneous or incomplete. The hypertext links present on the present site can refer to other Internet sites and the responsibility of the editor of the present site could not be committed if the contents of these sites contravene the legislations in force. Similarly, the responsibility of the editor of the present site cannot be engaged if the visit, by the Internet user, of one of these sites, would cause him a damage.
In the event of importing a supplier catalog, the information in the back office (administrator section) on the customer's e-commerce site is authentic. The front office (visitor section) may display different information due to defects in the graphic template or other modules. These differences are not the responsibility of the Publisher and the costs for reworking these elements as a result of the import are not their responsibility.
Article #7: Intellectual property rights relating to the elements published on this site.
All the elements of the present site belong to the editor or to a third party agent, or are used by the editor on the site with the authorization of their owner. Any copy of the logos, textual, pictographic or video contents, without this enumeration being restrictive, is rigorously prohibited and is similar to counterfeiting. Any member who would be guilty of counterfeiting would be likely to see his account deleted without notice or compensation and without this deletion being able to constitute him a damage, without reserve of possible later legal proceedings against him, at the initiative of the editor of the present site or his agent.
Article #8: Brands
The trademarks and logos contained in the site are registered by the publisher, or possibly by one of its partners. Any person proceeding to their representations, reproductions, imbrications, diffusions and reruns incurs the sanctions envisaged in articles L.713-2 and following of the Code of the intellectual property.
Article #9: Limitation of liability.
The publisher of the site, in particular in the process of sale on line, is held only by an obligation of means (that is to say just an obligation to implement all the means in the realization of the requested service, and not the obligation to provide this one in any circumstance); its responsibility could not be committed for a damage resulting from the use of the Internet network such as loss of data, intrusion, virus, rupture of the Service or others. The publisher cannot be held responsible for the non-execution of the concluded contract, due to the occurrence of an event of force majeure and in particular in case of total or partial strike of external services or disasters caused by floods or fires, or any other event beyond the control of the debtor, which could not be reasonably foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the execution of its obligation by the debtor. With regard to the products purchased, the publisher shall not be liable for any indirect damage, operating loss, loss of profit, damage or expenses that may arise as a result of the present. The choice and the subscription to a Product are under the sole responsibility of the user. The user expressly admits using the site at his own risk and under his exclusive responsibility. The site provides the user with information for information purposes, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any case, the editor can in no way be held responsible :- any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers, loss of data which may result, among other things, from the use of the site, or on the contrary from the impossibility of its use;- malfunctioning, unavailability of access, misuse, poor configuration of the user's computer, or the use of a browser little used by the user; - the content of advertisements and other links or external sources accessible by the user from the site.
Under no circumstances shall the Licensor be liable for any direct or indirect damage resulting from the inaccessibility of the Site. Thus, the responsibility of the licensor could not be engaged, whether it is contractual or tortious. This excludes the possibility of claiming damages in the event of the occurrence of such an event. The exclusion of any liability results in particular from the fact that the company is not liable for an obligation of result towards the buyer.
Article #10: Access to the site.
The responsibility of the editor of the site cannot be committed because of a technical unavailability of the connection, that it is due in particular to a case of absolute necessity, to a maintenance, to an update, to a modification of the site, to an intervention of the host, to an internal or external strike, to a breakdown of network, to a cut of electric supply, or still to a bad configuration or use of the user's computer.
Article #11: Closing an account.
Each member of the site is free to close his account. To do so, the member must send an e-mail to the site indicating that he or she wishes to delete his or her account. The recovery of his data by the member is possible under the conditions specified in the section of these general conditions concerning the restitution of data.
Article #12: Applicable Law and Mediation.
The present general conditions are subject to the application of French law. They can be modified at any time by the editor of the site or his representative. The general conditions applicable to the user are those in force on the day of his subscription to a service on the present site.
Except for provisions of public order, all disputes which could arise within the framework of the execution of the present general conditions will be able to be subjected before any legal action to the appreciation of the editor of the site with a view to a friendly settlement. It is expressly recalled that the requests for amicable settlement do not suspend the time limits opened to bring legal actions. Unless otherwise provided for by public policy, any legal action relating to the execution of this contract shall be subject to the jurisdiction of the courts of the jurisdiction of the Court of Appeal.
Consumer mediation
According to the article L.612-1 of the Code of consumption, it is recalled that "any consumer has the right to have recourse free of charge to a mediator of consumption with a view to the amicable resolution of the dispute which opposes him to a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation system".
As such, the publisher proposes to its consumer customers, in the framework of disputes that have not been resolved amicably, the mediation of a consumer mediator, whose coordinates are as follows
-Mediator of the Médicys approved mediation center
-contact@medicys.fr
-http://www.medicys.fr
It is reminded that mediation is not compulsory, but only proposed in order to resolve disputes by avoiding recourse to the courts.
Article #13: Use of Cookies.
A "Cookie" allows the identification of the user of a site, the personalization of his consultation of the site and the acceleration of the display of the site thanks to the recording of a data file on his computer. The site may use "cookies" primarily to 1) obtain browsing statistics in order to improve the User's experience, and 2) allow access to a member's account and to content that is not accessible without logging in. The User acknowledges that he/she is aware of this practice and authorizes the site editor to use it. The publisher undertakes never to communicate the content of these "Cookies" to third parties, except in the case of legal requisition. The user can refuse the registration of "cookies" or configure his browser to be warned before accepting "cookies". To do this, the User must set up his browser: - For Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies- For Safari: https://support.apple.com/fr-fr/ht1677- For Google Chrome: https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on- For Firefox: https://support.mozilla.org/fr/kb/activer-desactiver-cookies- For Opera: http://help.opera.com/Windows/10.20/fr/cookies.html
Article #14: Terms of service subscription and description of the purchase process.
Below, we will define as "Shopping Cart" the immaterial object (for example a page or part of a page of the site) gathering all the Products selected by the user for a purchase or subscription. Once the user considers that he has selected and added to his basket all the products he wishes to purchase, he will be able to validate his order by accessing a summary page on which he will be informed of the characteristics (in particular the volume and any options) of the products ordered, as well as their unit price, or the price of the subscription depending on the nature of the service's pricing. If the user wishes to validate his/her order, he/she must check the box relating to the ratification of the present general sales conditions and click on the validation button. The user will then be asked to fill in the fields of an order form with a certain amount of personal information about him/her, necessary for the order to be processed correctly. Once the user has validated this order form, he/she will be redirected to the online payment interface where he/she will be able to make his/her payment with the means of payment specified in the dedicated section of these general conditions. After a few moments, the user will receive an email confirming the order, reminding him/her of the content of the order and the price of the latter.
Article #15: Payment Information.
The Internet user can place an order on the present site and can make his payment by credit card. Payments by credit card are made through secure transactions provided by an online payment platform provider. The payment is made directly to the bank or payment provider receiving the payment from the Customer. In the case of payment by bank transfer, the time limits for making the goods available as defined in the article below only start to run from the date of actual receipt of payment by the seller, who can provide proof of this by any means.
Article #16: Availability
.The provision of the service (otherwise called its delivery) is immediate, or requires a short delay. However, this period may not exceed 7 days. Any claim not made in accordance with the rules defined in the dedicated section of the present general conditions and within the given time limits cannot be taken into account and will release the publisher from any responsibility towards the buyer. Upon receipt of a valid complaint, the publisher will communicate by email or by phone to the buyer the modalities of reimbursement or modification of the order. Following the downloading of a module or the execution of a service, difficulties may be encountered with the Customer's own system. The Customer is required to provide the Editor with all the accesses that the Editor will need in order to audit, diagnose and modify any element of the Customer's site. They must allow the Editor to have full access to the architecture of the Site as well as be set up to allow access and writing. The Editor reserves the right to download the whole content in order to reproduce locally the functioning of the store, except for the personal and commercial data of the database which are the property of the Customer. The Customer shall not be entitled to claim damages related to the traffic of such an operation. Moreover, at the end of the operations, the Customer is required to delete the provided accesses; indeed rootkits regularly target the FTP or backoffice accesses of the sites on the developers' stations, moreover the access to all the customers' passwords is given to all the employees of the Editor and only a responsible management of the accesses on behalf of the Customer makes it possible to avoid the data-processing risks which are associated there. The Editor cannot be held responsible for unwanted manipulations resulting from the unjustified maintenance of these accesses.
Article #17: Termination.
As a professional acting for purposes that fall within the scope of his commercial, industrial, artisanal or liberal activity, the Customer is informed that he does not have the right of withdrawal from which only consumers benefit within the meaning of the Consumer Code. If the customer is an individual, any purchase made on this site is a digital content provided on an intangible medium whose execution has begun with the agreement of the consumer and for which he has waived his right of withdrawal by accepting these conditions, he can therefore not avail himself of a right of withdrawal of 14 days. This exception is provided by law (Art. L 221-28 C. conso). The total or partial impossibility of using the Service, in particular because of incompatibility of the material, cannot give rise to any compensation, refund or questioning of the responsibility of the editor. In case of non availability of an order or part of an order, the customer has a maximum of six months (from the date of access to the online service) to manifest himself. After this period, no claim will be accepted.
Article #18: Archiving.
The publisher will archive the order forms and invoices on a reliable and durable medium constituting a faithful copy. The computerized registers will be considered by the parties as proof of the communications, orders, payments and transactions between the parties.
Article #19: Conditions of access to the solution.
The present site provides the User with a solution on its server, accessible via the Internet network. The different solution programs offered and the corresponding subscription conditions are presented on the site's offer pages. Depending on the offer chosen, the site will inform the user of the duration of validity of his subscription. The site carries out the safeguarding and the security of the data. The site grants the user a personal, non-exclusive, non-assignable and non-transferable right to use the solutions, for the entire duration of the contract and for the entire world. The user may only use the application services and solutions in accordance with his needs and their documentation. In particular, the license for the solutions is granted for the sole and exclusive purpose of enabling the user to use the services, to the exclusion of any other purpose. The right of use is understood to be the right to represent and implement the application services in accordance with their purpose, in SaaS mode (Software as a Service) via a connection to an electronic communications network. The user may not under any circumstances make the solutions available to a third party, and is strictly forbidden from any other use, in particular any adaptation, modification, translation, arrangement, distribution, decompilation, without this list being limitative. If the site sets up a minimum subscription commitment for some of its offers, this will be clearly and distinctly stipulated on the offer page and during the subscription process.
Article #20: Payment.
The different solution programs offered and their corresponding subscription prices are presented on the site's offer or price pages.
Subscriptions are agreed upon on a case-by-case basis with customers. When a customer takes out a subscription, it enters into a contractual relationship with IdiaTech Company. The contract between the parties is formed upon acceptance of the subscription offer by the customer, and when such acceptance reaches the Company. A first payment followed by the confirmation of the general sales conditions is equivalent to an acceptance. This induces a will of its author to be bound in the terms of the offer, that is to say a commitment out of any defect.
When the subscription is for an indefinite period, each party to the contract has the right to freely withdraw from it. In the contrary case, where a term is foreseen, each of the parties must fulfill its obligations until the expiry of this one (realization of the service and payment of it in particular).
The individual or legal entity having subscribed to the subscription undertakes to pay the agreed amount each month. In case of non-compliance with this commitment, Idia-Tech Company has the right to exercise sanctions of non-performance against its co-contractor (refuse or suspend the execution of its own performance, cause the termination of the contract ...).
The customer has the possibility to pay the service in several times, up to 4 times maximum. The latter will be discharged of its obligation towards IdiaTech company only after having paid the whole amount due, that is to say at the due date of all the instalments. If the customer does not pay the entire debt, it will be considered that the obligation has not been fulfilled, the IdiaTech company thus gives itself the right to exercise the sanctions of non-fulfillment provided for in article 1221 of the Civil Code (refuse or suspend the execution of its own performance, withdraw the data created at the end of the service, refuse to deliver...).
The site specifies on these pages whether billing is by the period (by the day, month, year, any period started being due, unless otherwise specified, by the customer), or fixed according to a level of use of resources (any unit of resource started being due, unless otherwise specified, by the customer), or any other way of access, specified on the said page.
The billing method is also specified on the site's offer or price pages, or otherwise in the section concerning the conditions of access to the solution of these general conditions.
In case of direct debit, the site will specify to the customer in the payment interface the date of the direct debit, and its amount. The frequency of payment may depend on each customer.
Subscription conditions:
In case of rejection of a payment, the subscription is suspended until the situation is regularized. The User will be immediately informed of the suspension of his subscription. We invite users whose credit card validity has expired to contact customer service and provide valid credit card information to avoid suspension of their subscriptions.
Article #21: Specific terms and conditions for use of the Cloud.
idIA Tech customers can run Grimport scripts on the idIA Tech Cloud. The idIA Tech Cloud is a network of servers that allows customers to use the machine resources of a computer other than their own (bandwidth, processor, hard drive, etc).
idIA Tech is not responsible for the proper functioning of scripts on the Cloud. Scripts must be tested and validated locally by users and developers. They should only be put on the Cloud when the specifications are fully validated. Customers can access the script logs in case of bugs and they can control the correct operation of the analyses from the Grimport Script Editor tool.
Customers can load their Cloud accounts with credits paying them at storeinterfacer.com. These credits are then consumed as they are used (typically by the hour of analysis) at the rate listed on the idIA Tech Cloud pricing page.
The idIA Tech Cloud is only a remote execution platform and no support is included. idIA Tech is not responsible for any damage to third parties or the customer that may result from a script malfunction. Also no refund of cloud credits or script design fees is possible if a malfunction is found on the idIA Tech cloud.
Article #22: Data restitution.
In case of termination of the contractual relationship, whatever the cause, the site editor undertakes to destroy or return, at the Customer's choice, at the first request of the latter formulated by registered letter with acknowledgement of receipt, all the data belonging to him in a standard format readable without difficulty in an equivalent environment; possibly the precise format of the data may be specified during exchanges between the site and the customer. The customer will actively cooperate with the site in order to facilitate the recovery of the data. The site will ensure that the customer can continue to use the data without interruption, either directly or with the assistance of another provider.
Article #23: Framing of conditions.
If any provision of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. These terms and conditions describe the entire agreement between the user and the website. They supersede all prior or contemporaneous written or oral agreements. The terms and conditions are not assignable, transferable or sublicensable by the user himself. The parties agree that all correspondence relating to these terms and conditions must be in the French language.
Article #24: Notifications.
Any notification or notice regarding these terms and conditions, the legal notice or the personal data charter must be made in writing and must be delivered by hand, registered or certified mail, by post or any other nationally recognized courier service that allows regular tracking of packages, or by email to the addresses indicated in the legal notice of the site, specifying your full name, contact information and the subject of the notice.
Article #25: Inexactitudes.
It is possible that the website and the services offered contain inaccuracies or errors, or information that is not in accordance with the general conditions, the legal notice or the personal data charter. In addition, it is possible that unauthorized changes are made by third parties on the site or on related services (social networks ...). We make every effort to ensure that such deviations are corrected. In the event that such a situation would escape us, please contact us by mail or email at the addresses indicated in the legal notice of the site with, if possible, a description of the error and the location (URL), as well as sufficient information to enable us to contact you. For copyright-related inquiries, please refer to the section on intellectual property.
Article #26: Claims.
Any claim related to the use of the Site, its services or any related services, the Site's pages on any social networks or the Terms and Conditions or Legal Notice must be filed within 365 days of the date the claim arose, regardless of any statute or law to the contrary. In the event that such claim is not filed within 365 days, such claim will be forever barred at law.
Article #27: Statistical processing.
By subscribing to the Store Commander license agreement and by using the Store Commander software, you authorize us to use your store data for statistical purposes, and once they have been anonymized, to transfer or assign the corresponding statistical results to any person. If you do not want to allow the publisher to use your store data for statistical purposes, you must notify us by registered mail.
Article #28: Disputes.
In the event of any dispute arising out of or in connection with this Agreement, the parties agree that the venue for the dispute shall be the court in Nîmes, France. The parties expressly waive any other jurisdiction that might otherwise be competent.
All rights reserved - May 16, 2020